16th Amendment
State starts placing arguments
UNB
The state yesterday started placing arguments before the Supreme Court in an appeal filed against a High Court (HC) order that declared illegal the 16th Amendment to the Constitution establishing Parliaments authority to remove Supreme Court judges, reports UNB. Additional Attorney General Murad Reza started placing the arguments with a seven-member Appellate Division bench, headed by Chief Justice SK Sinha. The apex court will hear the petition again today.
At the beginning of the hearing, the Chief Justice described the case as an important one and asked the lawyers of both sides not to deliver any political statements during the hearing. As Attorney General Mahbubey Alam said some of the amici curiae (friends of court) appointed by the Supreme Court for their opinions over the legality of the 16th Amendment had been involved in the Martial Law process, SK Sinha said they appointed those who can give explanations about the Constitution.
On February 8, the SC appointed 12 senior jurists as amici curiae seeking their opinions over the legality of the amendment.
They are TH Khan, Dr Kamal Hossain, Barrister Rafiqul Haque, Barrister M Amirul Islam, Barrister AF Hasan Arif, Barrister Shafique Ahmed, AJ Mohammad Ali, Barrister Rokonuddin, Fida M Kamal. Barrister Ajmalul Hossain, Abdul Wadud Bhuiyan and Barrister MI Farooqui.
On September 17, 2014, the Jatiya Sangsad passed the Constitution (16th Amendment) Bill, 2014 without any opposition, empowering Parliament to impeach judges of the Supreme Court for their incapacity or misconduct.
Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment.
On May 5 last year, the HC declared the 16th Amendment to the Constitution illegal. The government on January 4 last filed an appeal challenging the HC decision.
The Constitution drafted in 1972 had given the MPs the power to impeach judges and decide their term in office. But after the Fourth Amendment in 1975, the power was vested with the President.
